What Families Need to Know About Filing a Wrongful Death Claim
Losing a loved one is an unimaginable tragedy, and when that loss is due to someone else’s negligence or misconduct, the pain can be compounded by a sense of injustice. In Texas, families who’ve lost a loved one due to wrongful actions may have the right to pursue a wrongful death claim.
This legal process allows certain family members to seek compensation for their loss and hold responsible parties accountable. However, filing a wrongful death claim in Texas involves traversing an intricate legal system with specific rules, deadlines, and requirements. Contact our wrongful death attorney in Austin, Texas, for strong support.
Wrongful Death Claims in Texas
A wrongful death claim is a civil lawsuit filed when someone’s death is caused by the negligent, reckless, or intentional actions of another person or entity. In Texas, wrongful death claims are governed by the Texas Wrongful Death Act (Texas Civil Practice and Remedies Code, Chapter 71).
This statute outlines who can file a claim, what types of damages can be sought, and the legal standards that must be met.
The purpose of a wrongful death claim is to compensate surviving family members for the losses they’ve suffered as a result of their loved one’s death. It also serves to hold the responsible party accountable and deter similar conduct in the future.
Wrongful death claims can arise from a variety of situations, including:
Car or truck accidents caused by reckless or drunk driving
Medical malpractice, such as surgical errors or misdiagnoses
Workplace accidents due to unsafe conditions or employer negligence
Defective products, like faulty machinery or dangerous pharmaceuticals
Criminal acts, such as assault or homicide
Premises liability, such as drownings or falls due to unsafe property conditions
To succeed in a wrongful death claim, the plaintiff must prove that the defendant’s actions (or inaction) directly caused the death and that the death resulted in compensable losses for the surviving family members.
Who Can File a Wrongful Death Claim in Texas?
Texas law is specific about who’s eligible to file a wrongful death claim. According to the Texas Wrongful Death Act, only the following individuals can initiate a claim:
Spouse: The surviving spouse of the deceased, including common-law spouses, can file a claim. However, if the couple was legally separated at the time of death, eligibility may be contested.
Children: The deceased’s children, including adopted children, can file a claim. Adult children are also eligible, provided they can demonstrate financial or emotional dependence on the deceased.
Parents: The parents of the deceased, including adoptive parents, can file a claim. This applies regardless of the deceased’s age, but stepparents aren’t eligible unless they legally adopted the deceased.
Notably, siblings, grandparents, or other relatives aren’t permitted to file a wrongful death claim in Texas, even if they were close to the deceased. Additionally, the executor or administrator of the deceased’s estate may file a related claim, known as a survival action, to recover damages the deceased could have sought if they had survived (e.g., pain and suffering before death).
If multiple eligible family members exist (e.g., a spouse and children), they can file a claim together. However, Texas law requires that all eligible family members be notified of the lawsuit, and they must either join the claim or waive their right to participate.
If the eligible family members can’t agree to file a claim together, the court may appoint a representative to act on their behalf.
Statute of Limitations for Wrongful Death Claims
One of the most critical aspects of filing a wrongful death claim in Texas is adhering to the statute of limitations, which is the legal deadline for filing a lawsuit. In Texas, the statute of limitations for wrongful death claims is two years from the date of the deceased’s death.
This means that eligible family members must file their lawsuit in a Texas court within two years, or they risk losing their right to seek compensation.
There are limited exceptions to this deadline:
Minors: If the eligible claimant is a minor (under 18), the statute of limitations may be “tolled” (paused) until they reach the age of 18. This means a child could potentially file a claim after turning 18, but consulting a civil attorney is essential to confirm eligibility.
Fraud or concealment: If the defendant intentionally concealed their wrongdoing, the court may extend the deadline. However, this is rare and requires substantial evidence.
Discovery rule: In some cases, if the cause of death wasn’t immediately apparent (e.g., due to medical malpractice discovered later), the statute of limitations may start from the date the wrongful act was discovered. This exception is narrowly applied and depends on the case’s specifics.
Missing the statute of limitations can result in the case being dismissed, regardless of its merits. Therefore, families should consult an experienced wrongful death attorney as soon as possible to confirm that their claim is filed on time. Contact the Rodman Law Office in Austin, Texas, for help.
Types of Damages in a Wrongful Death Claim
A wrongful death claim seeks to compensate surviving family members for the losses they’ve suffered due to their loved one’s death. In Texas, damages in a wrongful death claim are divided into two main categories: economic damages and non-economic damages. In rare cases, exemplary (punitive) damages may also be awarded.
Economic Damages
Economic damages compensate for the financial losses caused by the death. These may include:
Lost income and benefits: If the deceased was a primary breadwinner, the family can seek compensation for the income, benefits, and financial support the deceased would have provided. This includes future earnings, retirement benefits, and health insurance contributions.
Medical expenses: If the deceased incurred medical costs due to the injury that led to their death, these expenses can be recovered.
Funeral and burial costs: The reasonable costs of the deceased’s funeral and burial services are recoverable.
Loss of household services: If the deceased contributed to household tasks (e.g., childcare, home maintenance), the value of those services can be included.
Recovering compensation for these economic damages can make a significant difference in life after a loss.
Non-Economic Damages
Non-economic damages compensate for intangible losses that are harder to quantify. These may include:
Loss of companionship and society: This covers the emotional pain of losing the deceased’s love, companionship, and guidance.
Mental anguish: Surviving family members can seek compensation for the grief, sorrow, and emotional suffering caused by the death.
Loss of parental guidance: For minor children, this includes the loss of the deceased parent’s nurturing, education, and moral guidance.
Loss of spousal support: For a surviving spouse, this includes the loss of emotional and practical support provided by the deceased.
Work with an experienced civil attorney to understand the types of non-economic damages you may be entitled to.
Exemplary (Punitive) Damages
In cases where the defendant’s conduct was particularly egregious (e.g., gross negligence or intentional harm), the court may award exemplary damages. These damages aren’t meant to compensate the family but to punish the defendant and deter similar behavior. However, Texas law imposes strict caps on punitive damages, and they’re awarded only in exceptional cases.
Damage Caps in Texas
Texas law doesn’t impose a general cap on economic or non-economic damages in wrongful death claims, except in medical malpractice cases. For medical malpractice wrongful death claims, non-economic damages are capped at $500,000 per claimant, adjusted for inflation.
Punitive damages are also capped under Texas law, typically at the greater of $200,000 or twice the amount of economic damages plus non-economic damages up to $750,000.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must prove four key elements:
Duty of care: The defendant owed a duty of care to the deceased. For example, drivers have a duty to operate vehicles safely, and doctors have a duty to provide competent medical care.
Breach of duty: The defendant breached that duty through negligent, reckless, or intentional actions. For instance, a driver running a red light or a manufacturer selling a defective product would constitute a breach.
Causation: The defendant’s breach directly caused the deceased’s death. This requires showing that the death wouldn’t have occurred “but for” the defendant’s actions.
Damages: The death resulted in measurable losses (economic or non-economic) for the surviving family members.
Proving these elements often requires substantial evidence, such as police reports, medical records, witness testimonies, expert opinions, and financial documents. An experienced civil attorney can help gather and present this evidence effectively.
Steps to File a Wrongful Death Claim in Texas
Filing a wrongful death claim involves several steps. Here’s a practical guide for families:
Consult an attorney: Contact a Texas wrongful death attorney with experience in similar cases. Many attorneys offer free consultations and work on a contingency fee basis, meaning they only get paid if you win your case.
Gather evidence: Work with your civil attorney to collect relevant evidence, such as police reports, medical records, witness statements, and proof of financial dependence on the deceased.
Determine eligibility: Confirm that you’re an eligible claimant (spouse, child, or parent) and identify any other eligible family members who must be notified.
File the lawsuit: Your civil attorney will draft and file a complaint in the appropriate Texas court, outlining the basis for the claim and the damages sought. This must be done within the two-year statute of limitations.
Negotiate or litigate: Many wrongful death claims are settled out of court through negotiations with the defendant or their insurance company. If a fair settlement can’t be reached, the case may proceed to trial, where a judge or jury will determine the outcome.
Distribute damages: If the claim is successful, the court will distribute the damages among the eligible family members according to their losses and Texas law.
Handling a wrongful death claim in Texas requires careful preparation and legal experience to make sure of justice and fair compensation for grieving families.
Contact an Attorney Today
Filing a wrongful death claim in Texas is an intricate but important step for families seeking justice and compensation after the loss of a loved one.
By understanding the laws, eligibility requirements, types of damages, and potential challenges, families can make informed decisions about pursuing a claim. I serve residents throughout Texas, including Travis County, Williamson County, and Hays County. Contact Rodman Law Office in Austin, Texas, today.